Banca de QUALIFICAÇÃO: FERNANDO ROCHA DE ANDRADE

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : FERNANDO ROCHA DE ANDRADE
DATE: 03/04/2024
TIME: 11:00
LOCAL: Ambiente virtual
TITLE:

GLOBAL ASSET FREEZE REGIME: THE IMPLEMENTATION OF THE INTERNATIONAL CRIMINAL ASSET FORFEITURE REGIME BY THE BRAZILIAN STATE

KEY WORDS:

Blocking of assets; prosecution; asset; criminal.

PAGES: 128
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Globalization has created an environment conducive to the sharing and diffusion of increasingly organized and profitable criminal practices. The pursuit of profit, manifested in the acquisition and transfer of assets, has become a focal point in international criminal policy. In response to this reality, the global prohibition regime has established international mechanisms for monitoring, blocking, and confiscating these assets. Integrated into this international web, this study sought to assess how the Brazilian state operates to reconcile domestic law with the asset-related aspect of the international crime-fighting policy. Based on the analysis of judgments from the International Court of Justice, Inter-American Court of Human Rights, and European Court of Human Rights, revealed no incompatibility between the global prohibition regime and the protection of human rights. It also disclosed an interdependence between the global prohibition regime, positive conventional criminal obligations, and the protection of human rights. Finally, it was observed that there has been a significant advancement in Brazilian law regarding the admission of international legal cooperation in criminal matters, as well as the introduction of legal mechanisms authorizing the seizure and confiscation of assets related to crime. Legislative changes and a relaxation of sovereigntist positions in jurisprudence have created a favorable environment for optimizing criminal prosecution within the scope of passive legal cooperation.

COMMITTEE MEMBERS:
Interno - 1149575 - IVAN LIRA DE CARVALHO
Presidente - 1570072 - JAHYR PHILIPPE BICHARA
Interno - 1358062 - MARCO BRUNO MIRANDA CLEMENTINO